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Home My WebLink AboutMC-1349 Adopted: April 18, 2011 Effective: May 19, 2011 1 ORDINANCE NO. MC-1349 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE 4 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. 5 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 6 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with 7 the power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the restrictions and limitations provided in the Charter or by State law; and 8 WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which 9 was codified as Health and Safety Code Section 11362.5, et seq. and entitled the Compassionate l)se Act of 1996 ("CUA"); and 10 WHEREAS, the intent of Proposition 215 was to enable persons who are in need of medical 11 marijuana for medicinal purposes to obtain and use it under limited specified circumstances; and 12 WHEREAS, Federal law states that the sale, possession, cultivation, and distribution of marijuana is prohibited (21 U.S.C. SS812 and 841, part of the Controlled Substances Act); and 13 WHEREAS, on May 14, 2001, in u.s. v. Oakland Cannabis Buyers' Cooperative (2001) 14 532 U.S. 483, the United States Supreme Court held that there was no medical necessity exception to the Controlled Substance Act's prohibition on manufacturing and distributing marijuana; and 15 WHEREAS, several California cities that have permitted the establishment of medical 16 marijuana dispensaries have found that such medical marijuana dispensaries have resulted in negative and harmful secondary effects, including significant increases in traffic, crime, and noise. See "White 17 Paper on Marijuana Dispensaries" published on April 22, 2009, by the California Police Chiefs Association's Task Force on Marijuana Dispensaries; and 18 WHEREAS, these harmful secondary effects have involved a wide range of activity 19 including burglaries, takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in theft and robberies in the vicinity of dispensaries, illegal re-selling of marijuana obtained 20 from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards, 21 street dealers attempting to sell marijuana to dispensary customers, dispensary customers using marijuana and then driving under its influence, the sale of other illegal narcotics other than marijuana 22 in the dispensaries, sales of marijuana to minors; and 23 WHEREAS, there is a need for an additional tool for enforcement against the establishment of marijuana dispensaries due to an influx of businesses opening up in violation of San Bernardino 24 Development Code Section 19.06.026; and 25 26 27 28 1 P:\LUCZAK\CODE\Ord MJ. wpd MC-1349 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE 2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. 3 NOW THEREFORE, THE MA YORAND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 Section 1. San Bernardino Municipal Code Chapter 5.05 is hereby added to read as 7 follows: 8 9 5.05 Medical Marijuana Dispensaries 10 11 5.05.010 Medical Marijuana Dispensaries Prohibited 12 It shall be unlawful for any person or entity to establish, own, manage, conduct, or operate 13 any medical marijuana dispensary, as defined in San Bernardino Municipal Code section 19.06.026 14 (Development Code), or to participate as an employee, contractor, agent, volunteer, or in any other 15 manner or capacity, in any medical marijuana dispensary in the City of San Bernardino. 16 17 Section 2: This Ordinance shall in no way limit qualified individuals' rights to possess, use 18 or cultivate marijuana for their own medicinal purposes as is presently authorized by the laws of the 19 State of California as set forth in the applicable provisions of California Health and Safety Code 20 Section 11362.5 et seq. 21 22 Section 3: This Ordinance is based upon the recitals and findings set forth above, and the 23 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 24 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 25 Article III and Section 121 of the Charter of the City of San Bernardino. 26 27 Section 4: Compliance with the California Environmental Quality Act. The Mayor 28 2 P:\LUCZAK\CODE\Ord MI. wpd MC-1349 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE 2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. 3 and Common Council finds that this ordinance is not subject to the California Environmental Quality 4 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 5 foreseeable indirect physical change in the environment) and 15060( c )(3) (the activity is not a project 6 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 7 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or 8 indirectly. 9 10 Section 5: Severability. If any section, subsection, subdivision, sentence, clause or phrase 11 in this ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 12 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of 13 the remaining portions of this ordinance or any part thereof. The Mayor and Common Council hereby 14 declares that it would have adopted each section irrespective of the fact that anyone or more 15 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 16 ineffective. 17 1// 18 / 19 / 20 / 21 / 22 / 23 24 25 26 27 28 3 P:\LUCZAK\CODE\Ord MJ. wpd MC-1349 1 A NON-URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.05 PROHIBITING THE 2 ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular 6 on the 18thdayof April 7 8 COUNCIL MEMBERS: 9 MARQUEZ 10 VACANT 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 meeting thereof, held ,2011, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x ~...u.J 17-~ Ra el Clark, City Clerk 19 The foregoing Ordinance is hereby approved this 19th day of April 20 21 , 2011. ~~ Mayor City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN 24 City Attorney 25 .p~ 26 27 28 4 P:ILUCZAKICODEIOrd MJ. wpd SAN BERNARDINO COUNTY SUN This space for tiling stamp only 4030 N GEORGIA BLVD,SAN BERNARDINO,CA 92407 Telephone(909)889-9666 /Fax(909)885-1253 LINDA HARTZEL SAN BERNARDINO CITY CLERK SBS#:2088989 300 NORTH D STREET SUMMARY OF ORDINANCE SAN BERNARDINO, CA - 92418 An OrdinanceO'of tMC-he4 City of San Bernardino adding San Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and operation of medical marijuana dispensaries. PROOF OF PUBLICATION unlawful fornanystatperson or entitly to establish, own, manage, conduct, or operate any medical mariivana (2015.5 C.C.P.) dispensary, as defined in San Bernardino Municipal Code section 19.06.026 (Development Code), or to State of California ) participate as an employee, County of SAN BERNARDINO )ss contractor,agent,volunteer,or in any other manner or capacity, in any medical mariivana dispensary in the Notice Type: ORDSB-ORDINANCE PUBLICATION-SB City of San Bernardino." Adopted:April 18,2011 Effective: May 19,2011 VOTE Ad Description: SUMMARY OF ORDINANCE NO.MC-1349 AYES: Council Members Marquez, Brinker,Shorett, Kelley,Johnson. NAYS: None. ABSENT: Council Member McCammack. VACANT: Second Ward FULL TEXT OF THIS ORDINANCE I am a citizen of the United States and a resident of the State of California;I am IS AVAILABLE IN THE CITY over thea a of eighteen ears,and not a part to or interested in the above CLE RIC OFFICE 9 9 Y Y PATRICK J.MORRIS-MAYOR entitled matter.I am the principal clerk of the printer and publisher of the SAN RACHEL G.CLARK-CITY CLERK BERNARDINO COUNTY SUN,a newspaper published in the English language Approved as to Form: James F. in the city of SAN BERNARDINO,county of SAN BERNARDINO,and adjudged 4/26/man,City Attorney 11 a newspaper of general circulation as defined by the laws of the State of SBS-2088989# California by the Superior Court of the County of SAN BERNARDINO,State of California,under date 06/20/1952,Case No.73084. That the notice,of which the annexed is a printed copy,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: 04/26/2011 Executed on: 04/26/2011 At Los Angeles,California I certify (or declare) under penalty of perjury that the foregoing is true and correct. 7 Signature IIIIII II VIII III VIII III Ill I(III I III I III III I VIII VIII II IIII * A 0 0 0 0 0 2 1 5 8 6 0 9